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Georgia Computer Systems Protection Act of 1991


Picture of MCG LogoThis act, which amends Chapter 9 of Title 16 of the Official Code of Georgia Annotated, was passed by the Georgia General Assembly during its regular session for 1991. Governor Zell Miller signed the bill into law on April 12, 1991.

The Greenblatt Library reproduces parts of section 16-9-93 of the act in its original form only as an item of information for the faculty, staff and students of the Medical College of Georgia.

16-9-93 (a) Computer Theft. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of:

1. Taking or appropriating any property of another, whether or not with the intention of depriving the owner of possession;
2. Obtaining property by any deceitful means or artful practice; or
3. Converting property to such person’s use in violation of an agreement or other known legal obligation to make a specified application or disposition of such property shall be guilty of the crime of computer theft.

Computer Trespass. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of:

1. Deleting or in any way removing, either temporarily or permanently, any computer program or data from a computer or computer network;
2. Obstructing, interrupting, or in any way interfering with the use of a computer program or data; or
3. Altering, damaging, or in any way causing the malfunction of a computer, computer network, or computer program, regardless of how long the alteration, damage, or malfunction persists shall be guilty of the crime of computer trespass.

Computer Invasion of Privacy. Any person who uses a computer or computer network with the intention of examining any employment, medical, salary, credit, or any other financial or personal data relating to any other person with knowledge that such examination is without authority shall be guilty of the crime of computer invasion of privacy.

Computer Forgery. Any person who creates, alters, or deletes any data contained in any computer or computer network, who, if such person had created, altered, or deleted a tangible document or instrument would have committed forgery under Article 1 of this chapter, shall be guilty of the crime of computer forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to the crime of computer forgery if a creation, alteration, or deletion of data was involved in lieu of a tangible document or instrument.

Computer Password Disclosure. Any person who discloses a number, code, password, or other means of access to a computer or computer network knowing that such disclosure is without authority and which results in damages (including the fair market value of any services used and victim expenditure) to the owner of the computer or computer network in excess of $500.00 shall be guilty of the crime of computer password disclosure.

Criminal Penalties.

1. Any person convicted of the crime of computer theft, computer trespass, computer invasion of privacy, or computer forgery shall be fined not more than $50,000.00 or imprisoned not more than 15 years, or both.
2. Any person convicted of computer password disclosure shall be fined not more than $5,000.00 or incarcerated for a period not to exceed one year, or both.

Georgia General Assembly: HB1630

 


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September 08, 2005